MOSCOW, 11 February. Moscow authorities explained how the city’s territory appeared objects recognized as unauthorized construction and be demolished. About the history of the issue reported on the website of the municipality with reference to the state inspection on control over use of objects of real estate of Moscow.
The DRI Moscow: the arguments of the owners of unauthorized construction on the property rights of the insolvent
“Most of the objects included in the list of demolished unauthorized constructions, appeared in Moscow in the late 1990s – early 2000-ies. Then, to accommodate a temporary object, for example, temporary trading pavilion, where people had to obtain a permit from the Prefecture. According to existing legislation, such permission was granted by analogy with the procedure provided for capital buildings (according to Moscow city government decree of 1993 No. 868). In the period of construction of such temporary objects of municipal legislation also allowed to register the rights to them as capital (according to the decree of the government of Moscow of 1996 No. 689)”, – stated in the message.
The article emphasizes that the registration of ownership in Moscow was engaged in the Executive authorities of the Russian Federation (according to the Federal law from 21.07.1997 №122-FZ).
According to the state Inspectorate, the owners of non-capital outlets used different ways of re-registration of ownership of its facilities as capital, so currently have on hand the certificate of ownership of real estate. On the basis of these documents, some owners, say officials, has renewed the leases of land plots for the placement of temporary buildings for rental agreements in operation to buildings that are on the sites de facto.
In July 2015 the amendments to article 222 of the Civil code of the Russian Federation, which has provided local authorities (in Moscow the government of Moscow) the decision on the demolition of unauthorized constructions out of court, if such buildings are located in territories with special regime of use. The changes came into force on 1 September 2015. December 8, 2015 was accepted by the Moscow government resolution No. 829 “On measures on provision of demolition of unauthorized construction in some areas of the city of Moscow”, which determined the order of actions of Executive authorities of Moscow for dismantling unauthorized constructions and approving the list of objects 104 that are to be demolished.
The article notes that a number of owners refers to the registration of their property rights in the Unified state register of rights to immovable property and transactions with it (EGRP). “These cases were further considered by the Supreme Court, which has repeatedly explained that the record in the USRR in relation to self-building is not proof of the legality of the acquisition of title to such real property and do not preclude the claim for demolition of the illegally constructed object”, – explained the authority.
The demolition of unauthorized construction
In the night of 8 to 9 February in Moscow began the dismantling of the 97 objects of unauthorized construction. All 104 of the object, according to the state, will be dismantled by the beginning of March. Earlier, first Deputy head state inspection for control over use of objects of real estate of Moscow Timur Zeldich explained that “these objects are illegally constructed on three characteristics: the land plots for capital construction the city had not provided, permission for the construction of capital facilities and the acts of commissioning of objects of capital construction has not been issued”.